4907.475
Closing rural crossings.

(A)
If
the public utilities commission finds that there is not a demonstrable need for
the crossing to exist according to the factors listed in divisions (A)(1) to
(9) of section
4907.474 of the Revised Code and
that the crossing could be closed to vehicular traffic, or to pedestrian
traffic, or to both, and the travel over the crossing diverted to other
crossings, and if the crossing is on a road or highway other than a state
highway and is outside the limits of a municipal corporation, the commission
shall hold a public hearing on the issue of the possible closing of the
crossing to vehicular traffic, or to pedestrian traffic, or both, and invite
comments on the closing and the effects the closing would have on the traffic
and pedestrian travel patterns within the county. The commission also shall
hold such a hearing upon application of the county within which a crossing is
located, or upon application of the railroad having jurisdiction over a
crossing, if the county or railroad believes that there is not a demonstrable
need for the crossing to exist and that the crossing should be closed to the
public. Any such application filed by a county or railroad shall be on a form
provided by the commission. Notice of the hearing shall be published once a
week for three consecutive weeks in a newspaper of general circulation in the
county in which the crossing at issue is located. The hearing shall be held at
a location within the boundaries of the county. If, after the hearing, it is
the opinion of the commission that there is not a demonstrable need for the
crossing to exist according to the factors listed in divisions (A)(1) to (9) of
section 4907.474 of the Revised Code and
that the crossing should be closed, the commission shall issue an order to the
board of county commissioners of the county in which such crossing is located
directing it to discontinue the crossing and to close it to vehicular traffic,
or to pedestrian traffic, or to both, by resolution as provided by sections
5553.01 to
5553.07 of the Revised Code. The
board, within thirty days after receipt of the order from the commission, shall
discontinue the crossing and close it to vehicular traffic, or to pedestrian
traffic, or both, as specified in the order of the commission.

(B)
The board or railroad may file an
application with the commission for a rehearing of the commission's order
issued under division (A) of this section. Any application for a rehearing of
an order issued by the commission under this section shall be filed in
accordance with and meet the requirements contained in section
4903.10 of the Revised Code, and
any rehearing held by the commission shall be conducted in accordance with that
section. The county or railroad may appeal the order of the commission, as
affirmed or modified by the commission after the rehearing, to the supreme
court.

(C)
The commission shall
assess the costs, as determined by the commission, of the closure of a crossing
under this section against the railroad having jurisdiction over the crossing.
If a county or railroad applies for closure of a crossing under division (A) of
this section, the commission may assess the costs of any investigation
conducted under this section to make the determination required by division (A)
of section
4907.474 of the Revised Code
against the county or railroad that applies for the closure.